Probation Before Judgment In Maryland
Probation before judgment or PBJ in Maryland is when a defendant is on probation while their case’s verdict is still pending. In other words, they have not been convicted of the crime yet. This can be very helpful for those accused of DUI in Maryland. If you are convicted of a DUI, an experienced Maryland criminal defense lawyer can help you explore the opportunity for probation before judgment in Maryland so that you will be able to answer “no” on job applications when asked if you have been convicted of any crimes, and your automobile insurance rates most likely will not increase. Contact Hyatt & Goldbloom today to explore your options for PBJ in Maryland.
Maryland Law for Probation Before Judgment
Maryland Criminal Procedure Article 6-220(b) states the law as it pertains to probation before judgment. The PBJ laws state in part:
“Criminal Procedure 6-220(b)(1) When a defendant pleads guilty or nolo contendere or is found guilty of a crime, a court may stay the entering of judgment, defer further proceedings, and place the defendant on probation subject to reasonable conditions if: (i) the court finds that the best interests of the defendant and the public welfare would be served; and (ii) the defendant gives written consent after determination of guilt or acceptance of a nolo contendere plea.”
How Does Probation Before Judgment In Maryland Work?
In Maryland, probation before judgment typically means the Judge will place the defendant on either supervised or unsupervised probation. If it is supervised, then Maryland Parole and Probation will oversee the individual. There are multiple divisions of Parole and Probation that can do this, such as:
- Drinking Driving Monitor Program;
- Parole and Probation;
- Sexual Offender Management Team; or
- Alternative Community Service.
In addition to a period of probation, the court may demand that the defendant pay fines and costs. The Court may also order the individual who is given a PBJ to complete community service or make restitution to the victim in this scenario.
When Is Probation Before Judgment In Maryland Available?
The Maryland Code of Criminal Procedure, Section 6-220, contains the precise regulations that govern PBJs for DUIs and other offenses in the state. In the event of conviction in Maryland, probation before judgment is available in the following circumstances:
- A first-time DWI or DUI offense, or in a situation where you have not had a PBJ or conviction for DUI/DWI in the past ten years;
- When an individual has violated the state’s controlled dangerous substance laws for the first time;
- For first-time charges of a certain misdemeanor or felony violations under Maryland law; and
- If the defendant can show in court that they will respond positively to rehabilitative treatment provided through probation before judgment, and unless it is statutorily prohibited, this may be an option for repeat offenses.
The following is a list of situations in which probation before judgment is not available:
- For any second DUI conviction or third DUI conviction within ten years;
- For second or subsequent violations of the controlled dangerous substances laws in the state;
- For any first offense sex crimes against a child; and
- In instances where the alleged crime has a specific minimum penalty
Situations Not Eligible For PBJ In Maryland
While a judge may offer PBJ in Maryland to many first-time offenders, the following circumstances might prevent you from doing so:
- DUIs that involve any type of accident;
- DUIs in which the defendant had a high blood alcohol content;
- When large quantities of drugs are present; and
- Crimes that involve violence
If you have been placed on probation, there are some conditions that may not make this the best option for you – like supervision. If you break the rules of your probation, the entire original sentence will be reinstated when you appear in court again.
For example, if you were given a PBJ for a serious drug charge and you wind up violating your probation, you could face as many as ten years in prison. Additionally, once you receive PBJ in Maryland, you will give up the right to appeal. Other situations in which probation before judgment in Maryland may not be advantageous include if you are not a U.S. citizen or have any type of security clearance; likewise, holders of commercial driver’s licenses typically do not qualify for this program.
Frequently Asked Questions
Is PBJ In Maryland A Guilty Plea?
Probation before judgment in Maryland is not technically a plea but rather a disposition or potential outcome of a criminal case. For defendants to receive this Instead, they must make what’s called a “guilty plea.” However, this guilty plea can come in different forms depending on the court location where the criminal matter is taking place.
In other words, when the defendant agrees to the facts stated in the not-guilty statement, it’s equivalent to pleading guilty. The Defendant is essentially claiming they’re innocent but accepting that the State’s Attorney’s evidence and charges are true. This means that the judge will most likely find them guilty after hearing all of the case details. However, judges have leeway to convict defendants with probation before judgment instead.
The second approach is to enter a guilty plea, which is utilized in the District and Circuit Courts of Maryland. Once a defendant enters a guilty admission or agrees to submit an agreed statement of facts, the Judge has the option of offering PBJ in Maryland.
Can You Expunge A DUI PBJ In Maryland?
No, unfortunately, you cannot expunge a DUI PBJ in Maryland. According to Maryland Criminal Procedure 10-105:
“…A person who has been charged with the commission of a crime, including a violation of the Transportation Article for which a term of imprisonment may be imposed…….may file a petition listing relevant facts for expungement of a police record, court record, or other record maintained by the State or a political subdivision of the State if: (3) a probation before judgment is entered, unless the person is charged with a violation of § 21–902 of the Transportation Article….”
How Long Do You Stay On Probation Before Judgment?
Probation before judgment (PBJ) is a sentence disposition that is ordered by the judge at sentencing. If the judge orders probation after PBJ, then the offender must stay on probation for the specified amount of time. The maximum period of probation varies depending on which court undertook the case: District Court judges can only place defendants on probation for up to 3 years, but Circuit Court judges may do so for up to 5 years. Probation before judgment in Maryland can vary depending on different factors, luckily Hyatt & Goldbloom can help you navigate the legal process and obtain the best possible outcome.
What Does PBJ Unsupervised Mean?
A “PBJ unsupervised” is when an individual granted or given probation before judgment (PBJ) does not have to report to a parole and probation agent, but is still on probation during the time ordered by the judge.
Contact A Baltimore DUI/DWI Attorney Today
In the state of Maryland, being charged with a DUI or a DWI can be frightening. The prospect of going to jail and the collateral consequences that would accompany such a sentence may look intimidating. However, for a first-time DUI offense, probation before judgment in Maryland can substantially lessen the impact of a DUI arrest. A knowledgeable Maryland DUI/DWI attorney will be familiar with the state’s criminal justice system and will use various tactics to enhance the prospects of obtaining PBJ in Maryland from a court. Contact Hyatt & Goldbloom today for a free consultation and to learn more about how we can help.
